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Town of Orleans, MA
Barnstable County
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Table of Contents
Table of Contents
7-1-1 To promote a maximum level of active, interested and diverse citizen and voter representation and participation in Town affairs, Town officials shall make every effort to encourage citizen interaction and information on current Town issues through the regular use of the Town website, public service announcements and appropriate local media. Provided, however, that nothing stated herein shall relieve the Town from the meeting notification requirements of state law. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
7-1-2 The Select Board shall annually, in the month of July, call a public meeting in a public place. The purpose of the meeting shall be to provide non-resident taxpayers, voters and other interested persons an opportunity to discuss problems, policies, and progress. The meeting shall be advertised on the Town website and as provided in 7-1-1. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20[1]]
7-1-3 The Select Board, the Town Manager, and Chairpersons of multi-member bodies shall be available to make appropriate presentations and to answer questions. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5]
[1]
Editor's Note: This article also repealed former 7-1-3, regarding the purpose of the meeting, which immediately followed this section, and redesignated former 7-1-4 as 7-1-3.
7-2-1 Prior to making appointments to multi-member bodies, the Select Board shall advertise all vacancies and impending appointments on the Town website and in at least three public places. Said advertising shall enumerate the vacancies that are to be filled and include a description of the duties, and shall solicit the names of persons willing and able to serve. The advertisement shall also state the location, time and date of the meeting, to be held no sooner than seven days after the publication of the advertisement, at which the Board anticipates that the appointments will be made. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
7-2-2 Prior to making appointments to the Finance Committee and to the Cape Cod Regional Technical High School Committee, the Moderator shall cause a notice to be published on the Town website and in at least three public places enumerating the vacancies that are to be filled and the location, time and date when the Moderator will be available to interview persons able and willing to serve. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
7-3-1 Simplified rules of procedure for Town Meetings shall be prepared and made available, as provided in clause 2-7-4.
7-4-1 The regular election for all Town offices shall be by official ballot held on the third Tuesday in May.
7-5-1 All town elections shall be non-partisan in that election ballots shall be printed without any party mark or designation, and no candidate or candidate's committee for elective town offices shall accept contributions - monetary or in-kind - from any political party committee. [Amended 5-11-2015 ATM, Art. 56]
7-6-1 Any registered voter of the Town shall be eligible for election to any elective office or multi-member body of the Town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the Town.[1]
[1]
Editor's Note: Former Ch. 7, § 7, Time of Taking Office, which immediately followed this section, was repealed 10-17-2022 STM by Art. 28, approved 5-16-2023 Annual Town Meeting, Question 25. This article also renumbered former Ch. 7, § 8 as Ch. 7, §  7.7.
7-7-1 Any holder of an elective office may be recalled by the voters as herein provided.
7-7-2 One hundred registered voters of the Town may file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. Once the names that appear on the affidavit are certified by the Board of Registrars of Voters, the Town Clerk shall thereupon deliver to the voter first named on such affidavit a sufficient number of copies of petition blanks demanding such recall. The blanks shall be issued by the Town Clerk with the Town Clerk's signature and official seal attached thereto. They shall be dated and addressed to the Select Board, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to such office. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5]
7-7-3 The recall petition shall bear the signatures and residential addresses of at least fifteen percent of the registered voters. The recall petition shall be returned to the Town Clerk within 20 working days after the Town Clerk issues the petition. The petitions containing the signatures requesting a recall election need not all be submitted at the same time. A copy of the petition shall be maintained with the records of the subject recall election.
7-7-4 The Town Clerk shall within one working day of receipt submit the petition to the registrars of voters in the Town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters.
7-7-5 If the petition shall be found and certified by the Town Clerk to be sufficient, the Town Clerk shall submit the same with the Town Clerk's certificate to the Select Board. The Select Board shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled. If the officer does not resign within five days thereafter, the Select Board shall order an election to be held on a date fixed by them. The date of the election shall not be less than forty-five nor more than sixty days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other Town election is to occur within ninety days after the date of the certificate, the Select Board shall postpone the holding of the recall election to the date of such other election. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5]
7-7-6 Any officer sought to be removed may not be a candidate for said office in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of General Law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election.
7-7-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled the incumbent shall continue in office for the remainder of the incumbent's unexpired term. An incumbent having successfully survived a recall election shall not again be subject to recall during the same term of office. If recalled, the incumbent shall be deemed removed upon the certification of the incumbent's successor who shall hold office during the unexpired term. If the successor fails to be certified within five days after receiving notification of the successor's election, the incumbent shall thereupon be deemed removed and the office vacant.
7-7-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed thirty percent of the registered voters of the Town.